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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If my daughter and her husband divorce and the two children

Resolved Question:

If my daughter and her husband divorce and the two children (15 & 18 ) stay with him what is situation re house and will she pay maintenance to him.

He earns circa £2000 and she earns £800 per month. No mortgage.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there.
Is the 18 year old still in education?
Clare
Customer: replied 3 years ago.
Clare,

House worth about £200,000.

Mortgage cleared.

No known debts.

Other assets in his name, maybe £5,000 to £10,000.

18 year old currently in education and may continue for another year.

Expert:  Clare replied 3 years ago.
Hi
Where will your daughter live?
Clare
Customer: replied 3 years ago.
Either in rented accommodation or possibly with us.
Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 3 years ago.
Hi Clare

About £200,000

John
Expert:  Clare replied 3 years ago.
Hi
Your daughter will not be able to force a sale of the property until the youngest child is 18 - so if he offers to raise a lower lump sum now (say £70,000 to £80,000) then it may be worth her while to accept it.
She will have to pay child maintenance at 16% of her GROSS income - this reduces to 12% when her eldest ceases secondary education or turns 20 whichever comes first.
There are also reductions if the children spend more than 52 nights a year with her
I hope that this is of assistance - please ask if you need further details
Clare
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